- (1.) BOTH the appeals have been filed by the Department under s. 260A of the IT Act, 1961, against the judgments and orders dt. 15th Oct., 1999, passed by the Tribunal, Allahabad, in ITA Nos. 1394 and 1395 of 1997, for the block period 1987 -88 to 1995 -96 (upto 14th Sept., 1996). Both the assessees are husband and wife and appeals have common issues. So, their appeals have been decided together.
(2.) ON 23rd Nov., 2006 and 4th Dec, 2006, both the appeals were admitted on the following substantial questions of law: 1. Whether no opportunity of hearing is required to be given by the CIT, prior to the approval under s. 158BG of the IT Act, 1961 and was the Tribunal justified in holding to the contrary? 2. Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that no direction/instruction could be given under s. 158BG to the AO while granting approval to the assessment order? Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that while granting approval the CIT is not empowered to issue directions under s. 158BG of the Act which are detrimental to the interest of the assessee?
(3.) WHETHER on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the directions issued by the CIT which are detrimental to the interest of the assessee make the assessment order void or nullity to that extent?;